March 6, 2013

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Can you really stay on top of new Washington cases every day? Yes, and you might need to + GIVEAWAY!

by contributor

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Technology, for better and worse, has changed the legal profession. When I began practicing in 2000, the partner I worked for slyly told me he didn’t envy me starting my legal career in the technology era, noting that in his day, there wasn’t even FedEx! He would draft a contract, head out for a 2 martini lunch, and simply wait for the revisions to come back via U.S. mail. Even back in 2000 it was clear to all that those days were over.

More than a decade later, the rapid proliferation of email and online technologies continues to change our profession. It seems that every year the expectations of clients, judges, and lawyers (even of ourselves) demand increasing immediacy.Take, for example, the fact that court opinions are posted online. Never mind that a decision was only published yesterday, and late in the afternoon — it’s online! That means you can see it, the judge can see it, and the lawyers you litigate against, or negotiate with, can see it.

The immediate availability of published decisions is exciting, no need to wait for the advance sheets anymore to get updated on new developments. But while the instant availability of new decisions can certainly improve our representation, it also presents a struggle. If I can access new decisions the moment they are published, am I going to be expected to do so? Do I need to repeat my research just before oral argument in case the judge delights in springing new decisions on unprepared attorneys? And how can I realistically do that? Do I have to go to three different court websites every day, download every case published and review it in order to say I’ve done my due diligence? No one has time for that — until now.

In partnership with the WSBA, Washington Daily Decision Service (the Dailies) gives Washington lawyers an efficient and cost-effective way to stay current. The service provides a daily bulletin with brief summaries of all published U.S. Supreme Court, 9th Circuit, Washington Supreme Court, and Washington Courts of Appeal opinions. We summarize every case, every day. Our notification is emailed every morning at 5 a.m., and you can read it in just a few minutes on your Smartphone, tablet or computer. You can even click through to the full text decision right from the daily bulletin.

Granted, the Dailies are not an original idea. I practiced law in California and used a comparable notification update there, and many states across the country have similar services. These services are on the rise because attorneys need an efficient and comprehensive way to access the cases that are published daily, but don’t have the billable time or resources to gather and review the new information every day. I view the Dailies as a type of insurance: I may not use a case I read there today, maybe not even this week. But at some point, a decision will be directly relevant to one of my matters, and I better not miss it.

Another reason I started the Dailies was to level the playing field among attorneys a bit. The King County Prosecutor’s Office has a dedicated staff attorney whose job is to read and summarize every case published in Washington every day and sends the summaries to the staff attorneys. It would elevate the level of representation for defense attorneys to have access to that same information for their clients. And particularly for the solo or small firm practitioner, the Dailies offers a comprehensive, efficient, and affordable way for attorneys without extensive resources or armies of first year associates to remain as thorough in their research as their colleagues in larger firms.

One thing is certain — the days of the two martini lunch awaiting a contract in the mail are long over. The technology is here to stay and it is our responsibility to use it to our advantage to best represent our clients.

Washington Daily Decision Service Giveaway!

Leave a comment about a time that you heard about a case first, how you heard about it, and how you used it to your advantage. Or, tell us about a time that you learned of a decision that just came out and what happened when your opponent missed it. By answering either of these questions you’ll be entered into a random drawing for 1-year subscription to Washington Daily Decision Service.

Entries will close at midnight on Friday, March 15. The winner will be randomly selected. To win, a valid email address is required when commenting.

About the Author

Colleen Butler. After graduating from Hastings College of the Law in 1999, Colleen Butler practiced corporate transactional law, including mergers and acquisitions and intellectual property, at Shartsis Friese in San Francisco. She went on to practice criminal defense, primarily in federal court. After having children and moving to Seattle, she started the Dailies when she saw that Washington had no comprehensive and efficient bulletin service to keep attorneys informed of the latest opinions.

Congrats on the new service! This will be great for Washington practitioners. Unfortunately, I don’t have a story about getting the jump on opposing counsel b/c I heard of a recent case first. I’d like to think I’d have shared it with her before argument if I had some last-minute info. Anyway, despite this lack of experience, perhaps my comment will still warrant an entry in the drawing. I’d be interested in at least seeing a sample or two. Best of luck!

Dave Lundgren

Mar 7 2013

I used to subscribe to the National Law Journal, and came across a case summary that was right on point for a brief I was just wrapping up. It’s a great feeling to be up to date when briefing.

As a fairly new attorney, I am constantly looking for new case law. I am always surprised by more seasoned attorney who bring up a case that is “new” I’ve been referring to for over a year. I’m a believer in being over-prepared, so a service like this would be wonderful!

About the Washington State Bar Association

NWSidebar is published as a benefit for WSBA members. The views or opinions expressed on this blog are those of the individual contributing writers only and do not represent the opinions of WSBA, unless expressly stated.